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An Arkansas judge on Thursday ruled the city of Fayetteville didn’t illegally withhold a secret agreement with a military drone manufacturer, saying a retired professor who made an open-records request didn’t specifically ask for the document.
Washington County Circuit Judge Doug Martin ruled that University of Arkansas professor emeritus of anthropology and Middle East Studies Ted Swedenburg failed to show that Fayetteville violated the state Freedom of Information Act in response to his request for documents related to the Swarm Aero facility. The project has prompted protests from opponents who cite its manufacturing of military-grade drones, issues surrounding city approval and nondisclosure agreements signed by city officials.
While officials disclosed emails from 2023 discussing plans to sign a nondisclosure agreement, the agreement itself was not handed over, Swedenburg’s lawsuit argued.
But Martin ruled that the city complied because the request asked for communications regarding Swarm Aero and not the nondisclosure agreement. Martin ruled that the law doesn’t require the city to speculate on what records Swedenburg intended to request.
“Because Plaintiff did not request non-disclosure agreements, the court need not reach Plaintiffs’ arguments concerning whether such agreements were public records, whether they were in the possession of the city, or whether they could have been obtained from a third party,” he wrote.
Swedenburg’s attorney did not immediately respond to an email requesting comment late Thursday afternoon.
Fayetteville Mayor Molly Rawn said the ruling showed that the city had not violated the FOIA in its handling of the request.
“Our dedicated city staff will continue to do what they have always done: comply with records requests in an ethical and timely manner,” she said in a written statement. “I am ready to put this matter behind us and focus on the important work – serving the residents of Fayetteville.”
Nondisclosure agreements have come under fire in recent months in Arkansas from opponents of several data center projects planned around the state.
The city of Fayetteville said it did not have the Swarm Aero agreement in its possession and argued that the Arkansas FOIA doesn’t require officials to maintain that record.
But Rawn this week announced the city would change its policy regarding NDAs, saying going forward they would have to be approved by the mayor and the city attorney. Rawn’s policy also states that the city must retain such agreements for at least five years.
“Transparency and public process are not optional in local government,” Rawn wrote. “They are fundamental responsibilities.”
Arkansas Advocate is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. This article was published with permission from the Arkansas Advocate. Contact Editor Andrew DeMillo for questions: [email protected]. Follow Arkansas Advocate on Facebook and Twitter.
